Reports of Cases Argued and Adjudged in the Supreme Court of the District of Columbia: Sitting in General Term, from June 14, 1880, [to June 20, 1892] ...John L. Ginck, 1883 - Law reports, digests, etc |
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Page 4
... action ; whether the party appears upon the record or not is immaterial , if it be shown that he is the real party interested ; and the court will go outside of the record to find the real party . 2. The same rule applies in cases of ...
... action ; whether the party appears upon the record or not is immaterial , if it be shown that he is the real party interested ; and the court will go outside of the record to find the real party . 2. The same rule applies in cases of ...
Page 5
... action . Now , the general rule in regard to set - off is , that the set- off must be mutual ; that is to say , the amount which the defendants claim as a set - off must be a substantial demand by the real parties interested in the ...
... action . Now , the general rule in regard to set - off is , that the set- off must be mutual ; that is to say , the amount which the defendants claim as a set - off must be a substantial demand by the real parties interested in the ...
Page 37
... action of replevin . At the trial the court instructed the jury that " if the jury find that the goods replevied in this action were in the Owen House at the time the attachment for rent in arrear was levied , then the said goods were ...
... action of replevin . At the trial the court instructed the jury that " if the jury find that the goods replevied in this action were in the Owen House at the time the attachment for rent in arrear was levied , then the said goods were ...
Page 39
... action at law , and the proceedings in the action at law are void as against this plaintiff . Rich vs. Hyatt , 3 Mac A. , 536 , 547 ; Bank vs. Partee , 99 U. S. , 325 ; Griffith vs. Clark , 18 Md . , 457 ; Morse vs. Tappan , 3 Gray ...
... action at law , and the proceedings in the action at law are void as against this plaintiff . Rich vs. Hyatt , 3 Mac A. , 536 , 547 ; Bank vs. Partee , 99 U. S. , 325 ; Griffith vs. Clark , 18 Md . , 457 ; Morse vs. Tappan , 3 Gray ...
Page 66
... action if it be agreed between him and the transferee that notwithstanding the delivery the legal title shall be considered as still remaining in the plaintiff for the purpose of prosecuting the suit . 2. The holder of a promissory note ...
... action if it be agreed between him and the transferee that notwithstanding the delivery the legal title shall be considered as still remaining in the plaintiff for the purpose of prosecuting the suit . 2. The holder of a promissory note ...
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Common terms and phrases
administrator agreement alleged amount appear applied assets attorney authority averred charge CHIEF JUSTICE Chipley Circuit Court claim common law complainant Congress contract conveyance counsel court of equity creditors Custer damages debt debtor deceased Decided declaration decree deed of trust defendant defendant's delivered the opinion District of Columbia endorsed entitled Entwisle equity evidence execution fact feme covert filed fraud fraudulent German American granted held Hitz husband injury interest issue James Taylor joint tenancy judge judgment jurisdiction jury JUSTICE and Justices Justices HAGNER liability lien Magarity mandamus ment motion national bank notice nuisance paid parties payment person plaintiff plea possession premises principal proof purchase question received recover refused rent rule Secretary separate estate Statute of Frauds street suit Supreme Court surety tenant term testator testimony Thomas French tion transaction Treasury trial United usury verdict void wife writ
Popular passages
Page 222 - But where the second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 489 - ... to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 15 - No person otherwise entitled thereto shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid by reason of its having been first patented or caused to be patented by the inventor or his legal representatives. or assigns in a foreign country...
Page 490 - ... executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 466 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself, or shall in any criminal proceeding render any husband competent or compellable to give evidence for or against his wife, or any...
Page 245 - The question relates to the power of the courts and not to the mode of procedure. It is whether there exists in the court the authority to set aside, vacate, and modify its final judgments after the term at which they were rendered; and this authority can neither be conferred upon nor withheld from the courts of the United States by the statutes of a State or the practice of its courts.
Page 107 - And the knowingly taking, receiving, reserving, or charging a rate of interest greater than aforesaid shall be held and adjudged a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. And in case a greater rate of interest has been paid, the person or persons paying the same, or their legal representatives, may recover back, in any action of debt twice the amount of the interest thus paid from the association...
Page 157 - ... all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same...
Page 465 - Court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 420 - ... it is a firmly settled principle that parol evidence of an oral agreement alleged to have been made at the time of the drawing, making, or indorsing of a bill or note, cannot be permitted to vary, qualify, or contradict, to add to, or subtract from, the absolute terms of the written contract.